Landlords are typically responsible for pest control, but tenants also play a role in helping to keep the bugs out.
When cockroaches, ants, mice and other pests invade your apartment community, someone needs to take immediate action. These pests are a health hazard and cause property damage. But, according to pest control apartment laws, who’s actually responsible: the landlord or the tenant?
Many states have pest control apartment laws stipulating that rental property owners must provide a clean, safe and pest-free living space to tenants. But, in some cases, tenants are responsible for infestations, especially if their actions led the bugs or mice to move in.
Here’s a look at why pest control is essential and who’s typically responsible under pest control apartment laws.
Why is pest control important?
No one wants to live with creepy crawlies climbing up the wall. Rental property owners and managers must do all they can to maintain a safe home. There are several reasons pest control is so critical.
It prevents a health hazard
Rodents and insects can spread illnesses, and their presence can make the home an unsanitary, unhealthy place to live.
It prevents damage
Rats can chew through wires or make holes in the wall, and termites can infest a rental property’s structure. These repairs are costly.
It ensures your reputation as a great landlord
If word gets around that your apartment community is also home to unwanted critters, it’ll earn the reputation of a place not to live. You may get bad reviews online and have a tough time finding new tenants.
It keeps renters happy
Tenants will obviously appreciate it when you address pest control issues quickly and will likely continue renewing their leases. So, you won’t have to deal with vacancies.
Is a landlord responsible for pest control?
According to most pest control apartment laws, landlords are usually responsible for pest control — primarily when the problem occurs naturally. For example, if the home is near a field, mice might be an issue, and that’s the property owner’s responsibility. Landlords are typically required to provide a pest-free home when someone moves in. They’re also responsible for regular maintenance, including ongoing and seasonal pest inspections.
One of the best things you can do to keep infestations to a minimum is to set up a contract with a local pest control company as a preventative measure. Having a professional inspect and spray for termites and other insects will cost a few hundred dollars a month, but it’s worth it. Hiring someone for one-off infestations can average between $175 to $3,000, according to HomeAdvisor.
Landlords are also responsible for repairs that contribute to pest infestations, such as torn screens or doors that don’t seal. It’s up to property owners and managers to comply with all building codes and landlord-tenant laws for all aspects of running the home, including pest problems. You should respond to tenant complaints quickly and make sure the lease includes details about who’s responsible and when.
Why landlords should cover pest control in the lease
Lease agreements should spell out who’s responsible for maintenance, general upkeep and pest control. Be sure to add a pest control cause to the lease and list the requirements for landlords and tenants.
Include details about what the property owner will provide, such as a regular pest inspection. Also, stipulate what tenants are responsible for, like keeping the home clean and reporting pest and other maintenance issues within a specific timeframe. The lease should also include what actions you’ll take if the tenant doesn’t follow the requirements. Ultimately, it will protect you if disputes come up.
Make sure the lease aligns with local laws, too. Asking an attorney for help will ensure you’re in compliance.
What can landlords require of tenants?
The lease should include the following requirements of tenants to help prevent and report pest infestations in your apartment communities.
- Report instances (or suspicion) of the presence of pests immediately and specify a timeframe, such as one to three days
- Keep the home clean and free from trash and food waste
- Take out the trash regularly and store it in sealed containers located outside
- Use a preventative flea treatment for pets. Otherwise, treat flea outbreaks immediately.
- Report any broken entry points or exterior damage which may enable pests to get in
When is a tenant responsible for pest control?
In some cases, if you can prove that the pest control problem was because of a tenant’s action or behavior, you can hold them financially responsible. That’s why it’s crucial that the lease include requirements for cleaning and maintenance of the rental.
Ants, cockroaches and other insects tend to flock to spaces that haven’t been cleaned or that have trash piled up. Leaving food out regularly also attracts pests. Moisture from leaks that haven’t been reported or not cleaning can lure critters, and a flea infestation could be caused by a tenant’s pet.
As the property manager or landlord, it’s your responsibility to handle pest control issues as soon as possible — but it’s possible it’s not your responsibility to pay for them. A professional exterminator can help you determine the cause of the infestation and who’s responsible.
What to do when a tenant reports a pest-control problem?
Both landlords and tenants are responsible for holding up their end of the lease agreement. Under many state landlord-tenant laws, tenants have the right to take action if their landlord doesn’t take care of a pest infestation, such as the ability to withhold rent or break the lease without consequences.
When a tenant reports a pest-control problem, here’s what to do.
Call an exterminator immediately
No matter who’s ultimately responsible for paying for it, call a professional to handle the problem as soon as possible. Landlords must ensure the home is clean and safe.
Document the problem
Visit the home with the exterminator to document the infestation and condition of the home. Or, you can set up an inspection of the home, but give renters advance notice. Take photos of the environment so you have documentation. The pest control company will likely provide a report outlining the situation, which can help you determine responsibilities.
Double-check the lease
The responsibilities and consequences of pest infestations are in the lease. Double-check how these provisions align with the reality of the situation. If the landlord is responsible, you need to take care of everything. If the tenant is responsible, you’ll need to take further action.
Contact the tenant if they’re responsible
Explain the situation to the tenant and that they’ll be responsible for paying the pest control bill. Include your documentation, reference the portion of the lease that covers pest problems and remind them of their maintenance responsibilities
Make sure the tenant takes action
Give tenants a timeframe for paying the exterminator’s fees. Also, provide a timeframe for them to clean up their home or remedy the situation that caused the infestation. If they don’t follow through, you can proceed with an eviction.
Pest control apartment laws
Taking care of pest infestations immediately is your responsibility as a landlord, according to most pest control apartment laws. But, it’s not always up to you to pay for it. Tenants are responsible when their behavior led to the pest invasion. Listing your apartment units at Rent.com helps you screen renters to find the best tenants for your home, who will follow the lease and take care of the property.
Source: rent.com